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Session Laws, 1969
Volume 692, Page 1548   View pdf image
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1548                             LAWS OF MARYLAND                       [CH. 700

(2) When the Commission's submitted statement of objectives
with respect to a project to be constructed in whole or in part in one
county declares that the project is designed to provide services in
whole or in substantial part to the other of the two respective
counties, the project may be disapproved with the concurrence of the
governing body of the county which is to receive the designed
services. Notwithstanding the foregoing provision, the governing
body wherein the project is located shall have the authority to direct
modifications in location, or change the proposed year of construc-
tion if such modification or change will not prevent the services
being available when needed., and if there are material net addi-

tional costs or expenses to the Commission for the project eventu-

ating from the county governing body's change, the same shall be

shared equally by that county governing body and the Commission

in order for the change or modification to be effective. THE AU-
THORITY TO DIRECT MODIFICATIONS IN LOCATION MAY
BE EXERCISED TO EFFECT REASONABLE CHANGES IN
LOCATION ON THE OCCASION OF THE ACTION OF THE
COUNTY GOVERNING BODY WHEN THE PROJECT IS FIRST
SUBMITTED AS A PART OF THE SIX-YEAR CAPITAL IM-
PROVEMENTS PROGRAM. THEREAFTER, THE AUTHORITY
TO MAKE FURTHER MODIFICATIONS SHALL BE LIMITED
TO ONLY ONES WHICH DO NOT RESULT IN SUBSTANTIAL
NET ADDITIONAL COSTS OR EXPENSES TO THE COMMIS-
SION UNLESS THE COUNTY GOVERNING BODY DIRECTING
THE MODIFICATION SHALL PROVIDE FOR REIMBURSING
THE COMMISSION FOR SUCH SUBSTANTIAL NET ADDI-
TIONAL COSTS OR EXPENSES.

(3) In the event that a county governing body in its approval
or amendment of the Commission's six-year capital improvements
program shall approve the undertaking of any capital project for
which there is a lack of, or an insufficiency of, funds from the
anticipated funding sources shown by the Commission, then the
Commission shall not be obligated to undertake such project in the
absence of action by the respective county governing body to provide
the additional sources of capital. In the event that as a direct result
of the county governing body's change in an earlier approval, the
Commission becomes legally liable to third parties, the county
governing body shall be responsible for any such liability, and the
settlement or release of claims for such liabilities, if any, shall be
accomplished by the county governing body upon such basis as it
may negotiate with the claimant or by its payment of any final
judgment of any court award, and it shall have a right to intervene
in any such court proceedings prior to judgment and to interpose
any and all defenses available to it or the Commission; and pro-
vided further, that the county governing body shall be responsible
for reimbursin